Exclusions and the law

scameron — Wed, 17 Feb 2010 16:06:50 +0000

What is the most recent guidance on exclusions for schools?
Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units (2008), which came into force on 1 September 2008, is the most recent guidance. The DCSF issued this revision to the 2007 version to take exclusion from pupil referral units (PRUs) into account.

Exclusion and reintegration: legal update

scameron — Thu, 19 Mar 2009 16:30:58 +0000

The DCSF has introduced revised exclusions guidance, which came into force from 1 September 2008 — ‘Improving behaviour and attendance: guidance on exclusion from schools and Pupil Referral Units 2008’.

It is not a major revision, but as usual, the devil is in the detail. This article will review the main changes that schools need to be aware of.

Pupil referral units

Shaping an emotionally literate school environment

scameron — Thu, 29 Jan 2009 15:50:57 +0000

Caldecote Community Primary School was formed in September 2001 from the amalgamation of an infant and a junior school in a predominantly white area of Leicester with high rates of crime and drug use.

Among the challenges we faced were:

Understanding the options for school exclusion

scameron — Tue, 20 Jan 2009 15:58:14 +0000

Overview of exclusion options

Single school solutions

Exclusion: how to write the decision letter

scameron — Mon, 15 Dec 2008 13:26:01 +0000

QUESTION:

How much detail is required, and how should the decision be expressed?

ANSWER:

The case of R (T) v Independent Appeal Panel for Devon County Council and the Governing Body of X College [2007] ELR 499 concerned a boy, T, 15, who began to attend X College, a mainstream secondary school, in 2002. An NHS medical officer diagnosed him with Asperger's Syndrome, a form of autism that causes an impairment of social interaction.

Understanding parents' and schools' responsibilities towards excluded pupils

scameron — Fri, 12 Dec 2008 11:31:12 +0000

From September 2007 new law and revised statutory guidance on exclusions came into force. The new law, Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units:

Reinstating an excluded pupil

scameron — Sat, 30 Aug 2008 10:20:58 +0100

QUESTION:

When a school is directed to reinstate a permanently excluded pupil, how far must it go?

ANSWER:

In R(O) v The Governing Body of Parkview Academy and Another [2007] ELR 454 CA, the claimant,15, was a pupil at Parkview Academy. He had a good record but in June 2006 he assaulted and injured the female manager of the school canteen. The head teacher decided to exclude him permanently, and the governing body upheld this decision.

Independent appeal panel

Understanding and preventing exclusion

scameron — Sat, 30 Aug 2008 10:20:54 +0100

It goes without saying that the best way to reduce exclusions is to ensure that the students behave well and are taught effectively. As all of us who work in education know, there are some students that present massive challenges to the system and provision has to be made for them.

'Racism' challenge to exclusion decision

jlee — Sat, 30 Aug 2008 10:20:46 +0100

The case of Appiah and Another v Governing Body of Bishop Douglass Roman Catholic High School [2007] ELR 217, CA, concerned a fight in the sixth-form common room between two black pupils and two white pupils.

The black pupils, R and F, were in their final year, and were due to complete their GNVQ courses in the summer. One of the white pupils sustained a head injury, and had to be taken to hospital.

New exclusion rules (part 2): governors and appeal panels

jlee — Sat, 30 Aug 2008 10:20:44 +0100

This is the second part of our feature on the new exclusions guidance, in force from September 2007. Previously we looked at changes relating to the headteacher's decision to exclude (parts 1-3 of the guidance). This month we examine responsibilities of governors and independent appeal panels (parts 4-6).

RESPONSIBILITIES OF THE GOVERNING BODY

Reviewing exclusions

New exclusion rules (part 1): the head teacher's decision

jlee — Sat, 30 Aug 2008 10:20:39 +0100

2007 saw some important changes to the law on pupil behaviour and school discipline. The changes, in summary, were:

Exclusion of a violent pupil who has SEN

jlee — Sat, 30 Aug 2008 10:20:39 +0100

When is a local authority in breach of its human rights duties to a pupil with SEN?

Athe case of A v Essex County Council [2007] All ER(D) 213 (Jul) concerned a child with SEN. He suffered from severe autism, epilepsy, and learning difficulties. He also self-harmed, and had 10 to 15 short epileptic fits every day.

Should schools support young sex offenders? A case study

jlee — Sat, 30 Aug 2008 10:20:36 +0100

Jo is 15 years old, he has a conviction for sexual assault on two nine-year-old boys. His upper school excluded him when the police investigation started at the time he was 14.

Requirements to teach excluded pupils

jlee — Sat, 30 Aug 2008 10:20:30 +0100

From September 2007, maintained schools in England became responsible for providing full-time education for excluded pupils from the sixth day of their exclusion.

This change in the law stems from the recommendations of Sir Alan Steer’s report on school behaviour and discipline which found that a fixed period exclusion is often an ineffective sanction as some pupils may view it as an extra holiday. At present local authorities are only required to provide education for excluded pupils from the 16th day of their exclusion.

Looked-after children: new law improves education rights

ewtemp — Sat, 30 Aug 2008 10:20:20 +0100

Almost 50,000 children, most of school age, are looked after by local authorities. The outlook for these children has improved, but there remains a significant gap between their prospects and those of all children - in academic performance and in being over-represented in a range of vulnerable groups. The Government has issued law and guidance to improve the rights of looked-after children to, and within, education.

This article will:

Guidance for SENCOs on exclusions

admin — Sat, 30 Aug 2008 10:20:15 +0100

Although Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units, does not have the force of statute, there is an expectation that it will be followed unless there is good reason to depart from it. It is not exhaustive and judgments will need to take account of the circumstances of individual cases.

Pupil registration: the new regulations and guidance

admin — Sat, 30 Aug 2008 10:20:15 +0100

The removal of a child's name from the school roll is now governed by the Education (Pupil Registration) Regulations 2006 (SI 2006/1751), together with guidance, in force from September 2006.

Exclusion from independent schools

admin — Sat, 30 Aug 2008 10:20:14 +0100

Readers will remember the extensive media coverage given in 2006 to Russell Gray's attempt to prevent the exclusion of his son from Marlborough College. Mr Gray's legal challenge to the 'degree of freedom independent schools are able to write into their contracts to give them carte blanche to expel children' was unprecedented in independent school history. The case went ultimately to the Court of Appeal.

Exclusions: guidance and legislation from the top

admin — Sat, 30 Aug 2008 10:20:12 +0100

Legislation may come and go. Children will be educated (or not), grow up and produce the next round of pupils. Rules will be agreed, broken and sanctions administered. Whatever might change, concern about children’s behaviour remains.

Exclusions: the new guidance and regulations explained

admin — Sat, 30 Aug 2008 10:20:12 +0100

Just when you thought you knew the rules on exclusion, everything changes. During the Lords debate on the Education Act 2005, the Government made commitments to strengthen the voice of the child in the exclusions process. After the Steer Committee published its report into behaviour and discipline (October 2005), the Government confirmed that it would implement the recommendations to improve behaviour in school.

Permanent exclusion of a pupil with SEN

admin — Sat, 30 Aug 2008 10:20:12 +0100

ANSWER: A useful recent case is W (A Minor) v Independent Appeal Panel of London Borough of X and Governing Body of Y School [2005] ELR 223, which looks at the meaning of ‘exceptional circumstances’.

M, a pupil with SEN, was a pupil at a school whose behaviour policy said that being in possession of a weapon would result in immediate, permanent exclusion.

New exclusion guidance brings in training

admin — Sat, 30 Aug 2008 10:20:05 +0100

The guidance, which covers promoting positive behaviour, the procedures for excluding pupils and the workings of the independent appeal panels, remains substantially the same as that issued in 2004. One important change, however, is that it is now mandatory for clerks and members of appeal panels to receive training.

Excluded six year old with diabetes wins school apology

admin — Sat, 30 Aug 2008 10:19:27 +0100

They had agreed a protocol with the school that meant that their son, under supervision, would self-test his blood sugar levels several times a day and staff would provide him with a snack, if needed, after the test. This was in line with advice from the boy’s consultant paediatrician, who recommended self-testing because he thought it would lead to a better chance of detecting a hypoglycaemic episode.
His insulin injections were administered by his parents at home.

Latest figures show rise in exclusions

admin — Sat, 30 Aug 2008 10:19:21 +0100

Government figures show there were 9,880 expulsions from primary, secondary and special needs schools in 2003-04, up from 9,290 in 2002-03. The proportion of pupils expelled has also risen for the first time in three years, from 0.12% to 0.13%. The number of suspensions from schools in 2003-4 was 344,510.

Heads want to cut power of independent appeals panels

admin — Sat, 30 Aug 2008 10:19:17 +0100

The Secondary Heads Association and the National Association of Head Teachers are both concerned that appeals panels should not be allowed to substitute their own judgement for that of the head or governors’ panel. SHA argues that the powers of appeals panels should be limited to commenting on the extent to which procedures and school policy were followed.

The NAHT believes that, ‘IAPs should only consider whether there has been fairness and openness, ie that natural justice has prevailed’.